GIBSON v. PRUDENTIAL INS. CO. OF AMERICA

No. 88-6628.

915 F.2d 414 (1990)

Lois GIBSON, Plaintiff-Appellant, v. The PRUDENTIAL INSURANCE COMPANY OF AMERICA, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided April 23, 1990.

As Amended October 3, 1990.


Attorney(s) appearing for the Case

Gary J. Bryant, Santa Ana, Cal., for plaintiff-appellant.

David Boros, Anaheim, Cal., for defendants-appellees.

David L. Bacon, Adams, Duque & Hazeltine, Los Angeles, Cal., for defendants-appellees.

Neil L. Shapiro, Cooper, White & Cooper, San Francisco, Cal., for defendants-appellees.

Patrick J. Grady, Paul, Hastings, Janofsky & Walker, Costa Mesa, Cal., for defendants-appellees.

Before NELSON, BRUNETTI and KOZINSKI, Circuit Judges.


NELSON, Circuit Judge:

Appellant, Gibson was denied disability benefits in 1984 under a self-funded disability benefit plan ("the Plan") established by her employer. She sued her employer and Prudential Insurance Co. for breach of contract and duty of good faith and fair dealing. Summary judgment was entered in favor of Prudential on the grounds that ERISA preempted Gibson's claims and Prudential could not be sued under ERISA. Four years later Gibson filed another...

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